Wis. Admin. Code Department of Natural Resources § NR 500.08 - Exemptions

(1) GENERAL. The following facilities are exempt from all requirements of chs. NR 500 to 538:
(a) Facilities used for the disposal of solid waste from a single family or household on the property where it is generated.
(b) Riprapping projects using inert solid waste materials approved by the department under s. 30.12, Stats., or in submerged shorelands in Lake Michigan, the title to which has been granted by the state to a municipality.
(2) OTHER FACILITIES. The following facilities shall be established in conformance with the locational requirements of s. NR 504.04 (3) (c) and (4) (a) to (f) and shall be operated and maintained in a nuisance-free and aesthetic manner but are exempt from licensing and the requirements of chs. NR 500 to 538:
(a) Facilities where only clean soil, brick, building stone, concrete or reinforced concrete not painted with lead-based paint, broken pavement, and wood not treated or painted with preservatives or lead-based paint are disposed.
(b) Facilities for the exclusive disposal of spoils from sand, gravel or stone and crushed stone quarry operations and similar nonmetallic earth materials.
(c) Facilities for the disposal of wood residue from a saw mill, debarker or equivalent industry which produces less than 5,000 board feet of lumber per year or equivalent and the total disposal facility volume is less than 500 cubic yards of wood residue.
(d) Facilities where railroad ties or utility poles are used as structural timbers for landscaping purposes in accordance with generally accepted practices.
(e) Facilities where untreated, unpainted wood wastes including wood chips, bark, and sawdust are handled and stored properly and used for landscaping or trail surface course purposes in accordance with generally accepted practices.
(f) Facilities where glass is processed or used as an aggregate replacement in asphalt pavement and subbase material under roadways subject to the following:
1. Glass may not be used in areas where the glass will be exposed and may pose a safety threat or in areas that will be frequently disturbed.
2. The amount of contaminants present with the glass such as labels, caps and metal rings shall be minimized to the extent necessary to prevent interference with the performance of the asphalt or roadbed aggregate. Asphalt and roadbed aggregate containing glass shall be designed and used in accordance with generally accepted engineering practice. The glass shall have sufficient properties to perform the function of the aggregates it replaces. The use of glass particles greater than 1/2 inch in size requires written department approval.
3. Glass shall be collected and stored in a nuisance free manner. Glass stockpiles shall have controlled access to prevent the general public from coming in contact with the glass piles. The number of stockpiles shall be kept to a minimum and may not be spread over a large area. Stockpiles shall be placed on a hard, all weather surface such as asphalt or concrete.
(3) DREDGED MATERIAL EXEMPTIONS. The following facilities are exempt from the licensing and plan review requirements of chs. NR 500 to 538 but shall be developed in accordance with the following requirements:
(a) Except as provided under s. NR 500.08(3m), facilities for the disposal of nonhazardous dredged material consisting of less than 3000 cubic yards from Lake Michigan, Lake Superior, the Wisconsin river, the Sheboygan river, the Milwaukee river, the Brule and Menominee rivers, the Fox river, the Mississippi river, or from any inland lakes or ponds treated with arsenicals provided the facility complies with the performance standards specified in s. NR 504.04 (4).
(b) Facilities for the disposal of non-hazardous dredged material from rivers not listed in par. (a) provided the facility complies with the performance standards specified in s. NR 504.04(4).
(c) Facilities for the disposal of nonhazardous dredged material from inland lakes or ponds that have not been treated with arsenicals provided the facility complies with the performance standards specified in s. NR 504.04 (4).
(3m) EXEMPTION FOR MATERIAL DREDGED FROM THE GREAT LAKES. A facility for the exclusive disposal of material dredged by a municipality or county or a contractor for a municipality or county from Lake Michigan, Lake Superior, or bays or harbors adjacent to Lake Michigan or Lake Superior is exempt from the licensing and plan review requirements under chs. NR 500 to 538, except for appropriate fees under ch. NR 520, Table 3, if established and operated in accordance with all of the following requirements:
(a) The department determines that the dredging and disposal will have a demonstrable economic public benefit, as defined under s. 281.36 (1) (am), Stats.
(b) The department determines that the cumulative adverse environmental impact of the dredging and disposal is insignificant and will not injure public rights or interests, cause environmental pollution, as defined under s. 299.01 (4), Stats., or result in material injury to the rights of any riparian owner. To make this determination, the disposal facility shall comply with the performance standards under s. NR 504.04 (4) and may not accept hazardous waste, contaminated sediment from a site regulated under chs. NR 700 to 758, or sediment with polychlorinated biphenyls regulated under 40 CFR 761.
(c) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the disposal facility is located at least 100 feet from any wetland or critical habitat area and is outside a floodplain. Beach nourishment may only be conducted above the ordinary high water mark on a public beach that has already been noticeably disturbed by human activities such as the construction of a parking lot, public swimming area, or other improvement and that has no unique ecological value.
(d) The disposal facility is located at least 100 feet from any water supply well.
(e) The owner of the disposal facility accepts dredged material for not more than 10 years or in an amount not to exceed 35,000 cubic yards, whichever occurs first, in accordance with all of the following:
1. The start of the 10-year maximum active period of the disposal facility begins upon initial disposal of dredged material onsite.
2. The owner of the disposal facility shall submit the dates of initial and all subsequent disposal of dredged material in the disposal facility, sample analytical data collected for each source location under par. (n), and the volume of dredged material during each disposal event to the department within 30 days of each disposal event.
3. The owner of the disposal facility shall submit a new application prior to any changes in facility location, boundaries, or design, or changes in the intended use of the dredged material.
4. There is not a material adverse change in the contamination of the dredged material that would be disposed of at the facility and there is not a material change in the intended use of the dredged material.
(f) The owner of the disposal facility shall confine the disposal area to as limited a geographic area as is practicable and maintain a minimum separation distance of 1,300 feet from any other disposal facility approved under this subsection.
(g) The owner of the disposal facility shall maintain records of the description and volume of all material disposed of at the facility and dates of all disposal events. These records shall be maintained and made accessible to department staff upon request for 15 years after the initial disposal of dredged material in the facility.
(h) The owner of the disposal facility shall determine the contaminant characteristics of the dredged material prior to disposal by conducting sampling and analysis as required under par. (n).
(i) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the owner of the disposal facility shall maintain a minimum separation distance of 3 feet between the dredged material and the seasonal high groundwater table at the time of placement.
(j) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material or unless the dredged material is used as fill underneath an impermeable structure or surface, the owner of the disposal facility shall place final cover over the waste within 90 days after the 10-year period under par. (e) or attainment of 35,000 cubic yards in volume, whichever is first, in accordance with all of the following:
1. The cover shall consist of a minimum of one foot of native soil that includes a minimum of 6 inches of topsoil to support vegetation. The proposed vegetation shall be appropriate for the type and quality of topsoil, be compatible with both native vegetation and the final use, and be capable of providing stability and preventing erosion of the cover soils and dredged material.
2. Final vegetated slopes may not be steeper than a 3:1 horizontal to vertical incline.
(k) Except for a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material, the disposal facility shall be operated and maintained to minimize dust, minimize off-site tracking of soil or dredged material, and manage storm water runoff as required under chs. NR 151 and 216. An interim cover capable of preventing erosion, windblown dust, and direct contact with the dredged material shall be placed over the dredged material in any areas that do not have final cover and are anticipated to be inactive for more than 90 days.
(l) At least 60 days prior to beginning disposal under this exemption the municipality or county or the contractor for the municipality or county shall submit an application on a form provided by the department requesting an exemption under this section. At a minimum, the form shall include all of the following information:
1. Address or location by quarter - quarter section of the disposal site or sites.
2. Name, address, and contact information of the primary contacts including the proposed disposal facility owner and any consultants.
3. Name of the person accepting the dredged material.
4. Map or aerial image showing the disposal location or locations.
5. Coordinates for the center of the disposal location or locations.
6. Dates when dredged material is first to be received at the disposal location or locations.
7. Approximate total volume of material to be disposed, description of the dredged material, and description of source location.
8. Intended uses of the dredged material.
9. Documentation of all other local, state, or federal approvals received for the dredging and disposal.
10. The available laboratory analytical data for samples collected from the dredged material to determine environmental impact in accordance with par. (n).
11. An explanation of how each of the requirements in pars. (a) to (k) and (o) will be met.
12. Submittal of the appropriate fees under ch. NR 520, Table 3.

Note: An application form for requesting an exemption under this section may be obtained from the Department of Natural Resources, Waste and Materials Management Program, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, DNRWasteManagement@wisconsin.gov.

(m) If the application under par. (L) is not complete or any of the requirements are not met, the department shall issue a written objection to the application with an explanation. If the department does not provide a written objection to the application within 30 days of receipt of application and fees by the department, the applicant may proceed under this exemption. After an objection, an applicant may resubmit a revised application that addresses the explanation for objection by the department.
(n) The applicant shall take samples and analyze the dredged material prior to disposal in accordance with all of the following:
1. Sampling, sample handling, and sample analysis to demonstrate compliance with this section shall be performed in accordance with methods from applicable sources enumerated under ch. NR 149.
2. Sampling shall be performed as specified under s. NR 347.06 (4) and (5).
3. If previous sampling data or other available information indicate the possibility of contamination by chemicals not listed in Table 3, the department may require analysis for those chemicals.
4. The laboratory analytical data for samples collected from the dredged material shall include tables summarizing the analytical data and copies of the laboratory analytical data sheets for all analyses, a map of the project area showing the specific locations of sediment sampling sites, and the name and address of the laboratory that performed the tests. All testing and quality control procedures shall be described and analytical methods, detection limits, and quantification limits shall be identified.
5. The applicant shall collect the appropriate number of samples from the dredged material capable of yielding data that accurately represent the contaminant characteristics of the material in accordance with all of the following:
a. Laboratory analytical data from the dredged material source location may not be more than 5 years old from the date of application submittal.
b. At a minimum, the applicant shall follow Table 1 sampling requirements if sampling is conducted prior to removal of the dredged material from its source.
c. At a minimum, the applicant shall follow Table 2 sampling requirements if sampling is conducted after removal of the dredged material from its source.
d. At a minimum, all samples shall be analyzed and reported as total concentration in milligrams/kilogram dry weight for the parameters listed in Table 3. Sample collection and evaluation shall be performed by or under the supervision of an environmental professional.

Note: As defined under s. NR 528.03 (7), "environmental professional" means a professional engineer registered pursuant to s. 443.04, Stats., or a professional soil scientist, geologist or hydrologist licensed under ch. 470, Stats.

Table 1

Sampling requirements when conducted prior to removal of the dredged material from its source

TOTAL VOLUME PLANNED FOR DISPOSAL IN CUBIC YARDS

MINIMUM NUMBER OF CORE SAMPLES1

Less than 3,000

1

3,000 - 9,999

3

10,000 - 19,999

4

20,000 - 35,000

6

1 At least one sample from each distinct layer or strata observed in each core of the material to be dredged, or if no strata formation exists, then at least 2 samples from each core shall be analyzed for the required chemicals and characteristics. Distinct layers or strata may be identified by differences in grain size, color, texture, and content such as organic matter, sands, and silts along the length of the core.

Table 2

SAMPLING REQUIREMENTS WHEN CONDUCTED AFTER REMOVAL OF THE DREDGED MATERIAL FROM ITS SOURCE

TOTAL VOLUME PLANNED FOR DISPOSAL IN CUBIC YARDS

MINIMUM NUMBER OF SAMPLES

Less than 600

1 sample/200 cubic yards, minimum of 2 samples

600 2,999

6

3,000 - 14,999

10

15,000 - 35,000

15

Table 3

ANALYSES TO BE PERFORMED ON SAMPLES

ORGANICS

INORGANIC - METALS

OTHER INORGANICS

Oil & Grease

Arsenic

Particle Size Analysis - Sieve and Hydrometer Analysis

Dioxin for Lake Superior Projects

Barium

Ammonia-Nitrogen

Chlordane

Cadmium

Nitrate + Nitrite

Dichloro-diphenyl- trichloroethane (DDT)

Chromium (total)

Total Kjeldahl Nitrogen

Dichlorodiphenyldic- hloroethan (DDD)

Copper

Total Phosphorus

Dichlorodiphenyl- dichloroethylene (DDE)

Lead

Polychlorinated Biphenyls (PCBs) (Total)

Manganese

Total Organic Carbon

Mercury

Polycyclic Aromatic Hydrocarbons (PAHs):

Nickel

Selenium

Acenaphthlyene

Acenapthene

Anthracene

Benzo (a) anthracene

Benzo (a) pyrene

Benzo (e) pyrene

Benzo (b) fluoranthene Benzo (g,h,i) perylene

Benzo (k) fluoranthene

Chrysene

Dibenzo (a,h) anthracene

Fluoranthene

Fluorene

Indeno (1,2,3-cd) pyrene

Naphthalene

Phenanthrene

Pyrene 2-Methylnapthalene

(o) The owner of a disposal facility created for the purpose of beach nourishment to add, replenish, or prevent erosion of beach material shall also comply with all of the following:
1. Sampling and analysis requirements under s. NR 347.06 (3) (d).
2. Dredged material grain-size analysis under s. NR 347.07 (4).
(4) EXEMPTIONS FROM SOLID WASTE RULES. Exemptions from the requirements of chs. NR 500 to 538 may be granted in writing by the department in special cases except as otherwise provided. A person may apply for an exemption by providing the department with a written request along with the appropriate documentation that demonstrates that the proposal will not cause environmental pollution as defined under s. 299.01 (4), Stats. The department shall take into account such factors as the population of the area being served, the amount of waste being generated, the geologic and hydrogeologic conditions at the facility, the design of the facility, the operational history of the facility, the physical and chemical characteristics of the waste, and any other information that may be appropriate. The department shall review and make a written determination on the exemption request within 65 business days after receipt of a complete request and the appropriate review fee under ch. NR 520 unless a different time period is provided by law. An exemption may not be granted if it will result in noncompliance with the minimum federal requirements under Subtitle D.
(5) BENEFICIAL REUSE.
(a) The department may grant exemptions from the requirements of ch. 289, Stats., for the purpose of allowing or encouraging the recycling of solid wastes. Any exemptions granted under this section shall be issued in writing in accordance with the requirements of s. 289.43, Stats.
(b) Facilities where wood ash is stored, handled, transported or landspread provided either of the following is met:
1. Wood ash is derived from the combustion of untreated wood with no additives, preservatives or other alterations other than kiln drying from generators who produce 10 dry tons or less of ash per year and is managed in a nuisance free manner.
2. Wood ash is managed in accordance with s. NR 518.04 (6).
(6) REMEDIATION ACTION EXEMPTION. The following facilities are exempt from solid waste program regulatory requirements under ch. 289, Stats., and chs. NR 500 to 538:
(a) Facilities for the treatment, storage or disposal of solid waste which is excavated for the primary purpose of conducting a site investigation or implementing an interim or remedial action in compliance with the requirements of chs. NR 700 to 726 and which is returned to the same property from which it was excavated in compliance with the requirements of ch. NR 718; and
(b) Facilities for the treatment, storage or disposal of excavated contaminated soil which are operated in compliance with the requirements of ch. NR 718.

Notes

Wis. Admin. Code Department of Natural Resources § NR 500.08
Cr. Register, January, 1988, No. 385, eff. 2-6-88; cr. (6), Register, April, 1994, No. 460, eff. 5-1-94; am. (1) (intro.), (2), (3) (intro.), (4) and (5), cr. (2) (d), (e), (f) and (3) and (5) (c), r. (3) (a), renum. (3) (b) to be (3) (a), Register, June, 1996, No. 486, eff. 7-1-96; am. (1) (intro.), (2) (intro.), (3) (intro.), (4), (6) (intro.), r. (5) (b) and renum. (5) (c) to be (5) (b), Register, December, 1997, No. 504, eff. 1-1-98; am. (3) (a), Register, September, 1998, No. 513, eff. 10-1-98; CR 05-020: am. (2) (a) Register January 2006 No. 601, eff. 2-1-06. Amended by, CR 21-076: am. (4) Register July 2022 No. 799, eff. 8/1/2022. Amended by, EmR2302: emerg. am. (3) (a), cr. (3m), eff. 1-12-23; CR 23-002: am. (3) (a), cr. (3m) Register January 2024 No. 817, eff. 2-1-24; correction in (3m) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2024 No. 817, eff. 2/1/2024

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